Customer Service Agreement

Customer Service Agreement

These terms and conditions constitute the full and complete service agreement (the "Agreement") between you (the "Customer") and Uber Clean House of PO Box 2251, Greenvale, VIC, 3059, Australia for the provision of services by Uber Clean House.Please take some time to review this Agreement. Use of Uber Clean House’s cleaning services constitutes your acceptance of these Terms and Conditions.

1. Cleaning Services

Subject to the terms of this Agreement, Uber Clean House agrees to provide domestic cleaning services (the "Service") to the Customer at the address specified by the Customer (the "Premises").

The Service will be for such cleaning duties as agreed with the Customer at the time of each booking.

Uber Clean House will provide one or more cleaners (the "Cleaner") to attend the Premises to provide the Service at a time and date mutually agreed between Uber Clean House and the Customer (the "Service Time")

Uber Clean House endeavours to provide the Service faithfully, diligently and in a timely and professional manner.

2. Additions and amendments

Any changes to the Service to be provided must be agreed by Uber Clean House prior to the

Service Time.

If the Customer requires any additional services or variations at the time the Service is being performed, the Customer must first contact Uber Clean House by telephone, who may agree to provide the additional services in its absolute discretion. The Cleaner is not authorised to agree to any changes to the Service being provided. The Customer must not request such changes directly from the Cleaner.

3. Customer Representations and Warranties

The Customer will provide a safe working environment at the Premises for the Cleaner to perform the Service.

Our cleaner will have unencumbered and unobstructed access to all areas of the Premises requiring the Service

The Customer will provide the Cleaner with access to all services and utilities including but not limited to hot water, cold water, electricity, and a garbage disposal area as required by the Cleaner to provide the Service

All cleaning equipment and materials provided by the Customer are safe, have not been tampered with and are in full working order

The Customer will advise Uber Clean House prior to the commencement of the Service of any hazards, slippery surfaces, risks or dangers, ingrained dirt, grease or grime at the Premises

The Customer authorises Uber Clean House the use of the Premises to complete the provision of Service unless otherwise told to cease

If the Customer requires a Cleaner to clean behind or under a heavy item (i.e. a fridge, bookshelf, or other reasonably deemed heavy item) the Customer will be required to move these items prior to the commencement of the Service. Any item moved by the Customer either before during or after a service will be done at the customers’ sole risk. Uber Clean House encourages that you follow the applicable Health & Safety measures to do so in a safe manner.

The customer will secure or remove any fragile, delicate, breakable or valuable items including but not limited to cash, jewellery, works of art, antiques, items of sentimental value or anything posed as an item irreplaceable prior to the commencement of any Service.

4. Health and Safety Risks

In addition to the obligations and warranties set out in Clause 3 above, the Customer acknowledges and agrees that:

The Cleaner is entitled to undertake a job safety analysis before the commencement of any work to assess the health and safety risk at the Premises;

The Cleaner may, either before or during the provision of the Service not use or cease using any materials or cleaning equipment provided by the Customer if the Cleaner thinks, in their absolute discretion, that the use of such materials or cleaning equipment poses a risk to health and safety.

The Cleaner may, either before or during the provision of the Service not provide or cease the provision of the Service where carrying out the Service presents, in the absolute discretion of the Cleaner, a risk to health and safety.

Abuse or assault, verbal or physical, on our staff will not be tolerated and legal action or criminal prosecution will be taken against any Customer or 3rd party who is in breach of this subsection

5. Products and equipment

Uber Clean House values the use of eco-friendly products for use during the Service, therefore:

will provide all necessary cleaning equipment and materials that they require the Cleaner to use to complete the Service;

the Cleaner is permitted to decline at their own discretion, the use of the Customers products or equipment;

the Customer understands the eco-friendly products we use are indeed chemicals and should be treated accordingly;

all the equipment provided by the Customer must be in full working order.

Uber Clean House cannot be held responsible for any damages to property when the Cleaner has been instructed to use the Customer’s products and equipment;

6. No engagement of cleaners

The Customer acknowledges Uber Clean House invests significant resources in recruiting, selecting and training its Cleaners. Unless Uber Clean House gives prior written permission, the Customer must not, directly or indirectly, engage, employ or contract with any Cleaner to provide domestic services to the Customer or any associate of the customer for any period during which services are provided by Uber Clean House or for a period within 12 months after the conclusion of any Service.

The Customer acknowledges that Uber Clean House may suffer loss and damage, including, without limitation consequential loss, as a result of a breach of this clause by the Customer.

7. Job quotations

The actual price payable by the Customer is calculated on the total number of hours worked by the Cleaner.

The actual price payable by the Customer is calculated as a package deal.

Any price quoted by Uber Clean House is an estimate only based on Uber Clean House’s experience, without inspection, and based on information provided by the Customer. Subject to this clause, quotes are valid for a period of 30 days from the date of the quote.

If at the commencement or during the course of providing the Service, it is apparent that the actual cost of the Service will exceed the quote provided by Uber Clean House, Uber Clean House will provide the Customer with the option to pay an increased fee to complete the Service, or pay the quoted amount without the Service being completed.

8. Bookings

The Customer may make a booking either through the Uber Clean House website, by telephone, SMS or email.

At the time of booking the Customer must provide details of any hazards, slippery surfaces, risks or dangers, ingrained dirt, grease or grime located at the Premises.

Uber Clean House provides all quotations at the time of booking.

The Customer agrees to provide Uber Clean House with their valid credit card details at the time of booking, and authorises Uber Clean House to debit any card with an amount equal to any service and/or cancellation fees that may apply under this Agreement.

Uber Clean House reserves the right not to accept a booking for any reason.

9. Payment Terms

The Customer agrees to pay the price quoted by Uber Clean House in full prior to or at the Service Time, unless otherwise agreed in advance with Uber Clean House.

If no payment has been made by the Service Time, Uber Clean House will use reasonable endeavours to contact the Customer for payment. In the event that Uber Clean House cannot contact the Customer or payment is not made by the Service Time, the Customer will be deemed to have cancelled the Service, and the Customer must pay any cancellation fees or charges due set out in clause 16.

Payments may be made via credit card, bank transfer or in cash. Payments by bank transfer should be made to:

10. GST

Unless specified otherwise, all prices and quotations are expressed to be GST inclusive amounts.

If GST is payable in respect of anything supplied to the Customer under this Agreement, then the amount which the Customer is obliged to pay for that supply (Original Amount) will (subject to the receipt of a valid tax invoice) be grossed up so that Uber Clean House receives an amount which, after subtracting the GST liability of Uber Clean House, results in Uber Clean House retaining the Original Amount.

11. Late Payment Fee

Where Uber Clean House has agreed to invoice the Customer for payment of fees after the Service has been completed, the Customer agrees to pay in full, all fees due, within 7 days of the invoice date.

The Customer agrees that if Uber Clean House has not received payment in full for the Service within one calendar month of the original invoice date then a late payment fee of $35 applies for the first month. Interest will be charged on the fixed rate of 10% per annum on each day that any amount remains outstanding thereafter.

In addition to the amounts set out above, the Customer agrees to indemnify Uber Clean House for all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by Uber Clean House in connection with a demand, action, or other proceeding (including mediation, out of court settlement or any action taken for recovery of debt from the Customer) arising out of a breach of these terms including the failure by the Customer to pay an amount by the due date.

12. Non-Appearance

If a Cleaner fails to attend the Premises within 1 hour of the Service Time and does not provide the requested Service, Uber Clean House will provide the Customer with either:

A full refund of payments made by the Customer; or

Offer to reschedule the Service at another time mutually agreed between the Customer and Uber Clean House.

13. Complaints

If the Customer is dissatisfied for any reason with the Service provided, it must inform Uber Clean House within 24 hours of completion of the Service. Uber Clean House strives to achieve 100% customer satisfaction and will endeavour to resolve the problem quickly and efficiently.Subject to clause 12, Uber Clean House may, at its discretion, offer the Customer either of the following:

a partial or full refund;

re-supply of the Service without charge;

such other remedy as deemed appropriate by Uber Clean House.

14. Exclusions and limitations

The only conditions and warranties which are binding on Uber Clean House in respect of the state, quality or condition of goods and services supplied by Uber Clean House to Customers are those imposed and required to be binding by statute (including the Trade Practices Act 1974).

To the extent permitted by statute, the liability, if any, of Uber Clean House is, at Uber Clean House's option, limited to and completely discharged by the resupply of the Service. Uber Clean House is not responsible for:

not completing or providing the Service as a result of a breach of a warranty by the Customer in clause 3 (including a failure by the Customer to provide proper materials, cleaning equipment, utility services, a safe working environment or unencumbered access to the Premises); or

any damages caused by defective cleaning materials or cleaning equipment provided by the Customer;

not completing or providing the Service as a result of the Cleaner not proceeding for health and safety reasons under clause 4;

any loss or damage incurred by the Customer or any third party as a result of the effects of a force majeure, being any event beyond the reasonable control of Uber Clean House;

not completing or providing the Service due to an act or omission of the Customer or any other person at the Premises during provision of the Service;

existing dirt, wear, damage or stains that cannot be completely cleaned or removed;

any wear or discolouring of fabric or surfaces becoming more visible once dirt has been removed;

any loss incurred as a result of any breakage or damage to goods, items of value (including antiques, items of sentimental value) or the Premises; or

the cost of any key replacement or locksmith fees, unless keys were lost by Uber Clean House or the Cleaner.

Except as provided in this clause, all conditions and warranties implied by law in respect of the state, quality or condition of the Service which may apart from this clause be binding on Uber Clean House are excluded.

The Customer acknowledges that the results of any services provided may vary depending on a number of factors (including materials used, equipment provided, time elapsed since Premises was last cleaned, and nature of cleaning required), and that Uber Clean House gives no guarantee as to the actual results of the Service.

Except to the extent provided in this clause, Uber Clean House has no liability (including liability in negligence) to any person for any loss or damage, consequential or otherwise, suffered or incurred by that person in relation to the products or services provided by Uber Clean House (including any loss caused by, or resulting directly or indirectly from, any failure, defect or deficiency or any kind of or in the products used or services provided by Uber Clean House).

15. Indemnity

The Customer indemnifies Uber Clean House against:

all losses or liabilities arising directly or indirectly as a result of the provision of the Service including all losses or liabilities caused as a result of a breach of the warranties of the Customer set out in clause 3; and

all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by Uber Clean House in connection with a demand, action, arbitration or other proceeding (including mediation, compromise, out of court settlement or appeal and including any action taken for the recovery of a debt from the Customer).

16. Accidents, breakage, damage & theft

The Customer must inform Uber Clean House of any incident where an accident, breakage, damage to property or theft has occurred due to any act of the Cleaner within 24 hours of completion of the Service.

To the extent permitted by law, the Customer is not entitled to claim any loss for any incident if the incident is not reported to Uber Clean House within 24 hours of completion of the Service.

To the extent permitted by law, damage or loss to the following items is specifically excluded from the liability of Uber Clean House under these terms and conditions: cash, jewellery, art, antiques, and items of sentimental value.

17. Cancellation Fees

The Customer must provide Uber Clean House with at least 24 hours notice prior to the Service Time, if they wish to suspend, postpone or cancel the Service for any reason.

In the event that such notice has been given, Uber Clean House will endeavour to reschedule the Service if required.

In the event that the Customer does not provide 24 hours notice prior to the commencement of the Service, the Customer agrees to pay a cancellation fee of $78 (inclusive of GST) for administrative costs and loss. This may be charged at Uber Clean House sole discretion.

18. Fee for non-access to premises

In the event that the Customer does not provide unencumbered access to the Premises for Uber Clean House or its Cleaners to provide the Service, the Customer agrees to pay a cancellation fee of $78 (inclusive of GST) for administrative and travel costs.

19. Termination of Agreement

This Agreement may be terminated by the Customer by providing at least 24 hours notice prior to the Service Time.

subject to clause 19(c), Uber Clean House may terminate this Agreement by providing the Customer with at least 24 hours notice prior to the Service Time.

Uber Clean House may terminate this Agreement with immediate effect if the Customer is in breach of this Agreement, and in the opinion of Uber Clean House, that breach is incapable of remedy.

20. Privacy Policy

The Customer acknowledges that any information provided by the Customer may be used by Uber Clean House for the purpose of providing the Service. Uber Clean House agrees not to share any information provided by the Customer with any third party not directly involved in the provision of the Service (unless required to do so by law).

The Customer agrees to Uber Clean House communicating with them electronically and/or via other means in order to provide the Service or for reasons related to the provision of the Service.

Uber Clean House will take all reasonable precautions to protect personal information provided by the Customer from loss, misuse, unauthorised access or disclosure, alteration or destruction.

21. Changes to this Agreement

Uber Clean House reserves the right to update or modify these terms and conditions at any time without prior notice, and may do so by publishing an updated agreement on its website. Each updated agreement will take effect 24 hours after it has been published on the website.

The Customer agrees that any use of the Service following any such change, whether as a single job or as part of a regular cleaning schedule, forms their agreement to follow and be bound by the terms and conditions as changed.

22. Law & Jurisdiction

The Customer and Uber Clean House acknowledge and accept that this Agreement shall be construed and interpreted in accordance with the laws of Victoria and both agree to submit to the exclusive jurisdiction of the courts of Victoria in the event of any dispute.

23. Severability

The Customer agrees that if any term or provision is deemed invalid, void or unenforceable, then that provision will be considered dissoluble and the remaining terms and provisions shall continue to be binding.

24. Trademarks

The name and logo ‘Uber Clean House’ is a trademark pending registration. Subject to applicable law, permission to use this name or logo is forbidden without first obtaining the prior written permission of Uber Clean House.